1.PRELIMINARY

For the purpose of these terms and conditions the following words shall have the following meanings:

(a) “Us or We” TV ASSURITY LIMITED, 10 Leighton Lodge, 15 Branksome Wood Road, Bournemouth, Dorset, BH2 6BX, United Kingdom.

(b) “You” the person for whom we agree to carry out works and/or supply materials.

(c) “The Engineer” a representative appointed by us.

(d) “Agreement” agreement between us and you for supply of work and or materials.

(e) “tv systems,electrical goods and electrical gaming systems and gadgets”, exclusively serving and within the boundaries of the residential property specified by you to which the agreement applies (“Property”), but excluding any products over 10 years old

1.2 Please read this document. It sets out the terms and conditions (“Terms”) on which we deal with each other.

1.3 If you have any questions or do not accept any of the provisions included in these Terms, please let us know.

2. START DATE

2.1 These Terms are legally binding on you and us from the time we accept your application and the first payment is made by you.

2.2 However we will not provide any work or services, and you will not be able to call us out, until the Start Date which is the date of acceptance and first payment.

2.3 If you experience a problem with a product prior to the Start Date, you may call us to attend the Property and we will provide a written estimate at the rates stated under paragraphs 7.2 and 7.3, discounted by 10 percent.

3. WHAT WE WILL PROVIDE

3.1 We will provide a 24 hour, 365 days per year call out service for any damage to the tv systems, electrical goods and electrical gaming systems and gadgets.

3.2 Should you suffer an issue, we will endeavour to attend the Property within 24 hours of you reporting the problem. You can report the problem by calling one of our designated contact numbers on the website www.tvassurity.co.uk which will be available 24 hours a day, 365 days a year.

4. WHAT IS COVERED

4.1 Labour to diagnose and rectify the problem at the Property up to £500 in value from our Engineers on site at the rate of £44.50 per hour (excluding VAT).

4.2 A free survey photographing any issues found

4.3 Materials and use machinery are covered and will not be charged at normal retail price in the case of materials and as specified in paragraph 6.3 in the case of plant and machinery

4.4 We will issue a new like for like product once we deem the claim has been made correctly within 14 days of the claim

4.5 You are entitled to as many claims per annum as you wish (subject to correct checks from TV ASSURITY)

5. ITEMS NOT COVERED

5.1 If we discover that the issue in question is caused by water damage, charges will be payable for any time we have spent to find this out at the rate specified in paragraphs 7.2 and 7.3.

6. PAYMENT

6.1 An initial sign up fee of £54.99 is payable upon entering into this Agreement and acceptance of these Terms (“Initial Fee”).

6.2 A monthly fee starting from £24,99 depending on which product (“Monthly Fee”) is payable monthly in advance, by monthly Direct Debit via our external payment collection facility.

6.3 The first payment of the Monthly Fee must be made with the payment of the Initial Fee.

6.4 If you fail to make any payment of the Monthly Fee, we may terminate the Agreement without notice.

7. ESTIMATES AND CHARGES

7.1 We will not carry out any additional work which is not covered under paragraph 4 until we have provided an estimate for the work and obtained your agreement to the estimate.

7.2 We will provide estimates for additional works at the rate of £44.50 per hour, or part of a half hour, (excluding VAT) for labour.

7.3 If machinery or additional repair equipment is required for the Engineer to carry out the works you will be charged an additional £54.50 (excluding VAT).

7.4 All charges are subject to VAT at the prevailing rate.

7.5 We shall only be bound by estimates given in writing to you and signed by a duly authorised representative. We shall not be bound by any estimates given orally.

7.6 Estimates or quotations given by us are valid for twenty-eight days from the date they are given.

8. CANCELLATION

8.1 You or we may cancel this Agreement at any time by giving written notice to expire on the date immediately before the next payment of the Monthly Fee is due.

8.2 We may cancel the contract immediately by giving written notice in the following circumstances:

(a) You provide false information.

(b) You fail to make your first Direct Debit payment or subsequently fail to make payment in accordance with clause 6.

(c) You cancel your Direct Debit instruction and do not set up a replacement instruction (or you do not notify us that you have set up a replacement Direct Debit instruction).

(d) You fail to make any payment when due.



9. COOLING OFF RIGHTS

9.1 In addition to your rights under clause 8.1 you may cancel this agreement within 14 days of the date of acceptance. This is your “cooling off” period.

9.2 You also have 14 days from the date you accept our estimates under clause 7 to cancel the additional work. You can ask us to start work before the end of this period, but if you cancel once we have started, we will charge you for any work we have already done or materials supplied.

10. LIMITATION OF LIABILITY

10.1 You have legal rights in relation to purchasing materials and services that are faulty or not as described. Advice about your legal rights are available from the local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights. This clause 11.1 only applies where you are a consumer.

10.2 We shall use reasonable endeavors to meet any timescales agreed with you but shall not be responsible for any loss or damage arising from any delay in the carrying out of works or delivery of materials.

10.3 Nothing in these terms and conditions shall limit or exclude the our liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;

(d) defective products under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful us to exclude or restrict liability.

10.4

(a) We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, goodwill or revenue or any indirect or consequential loss arising in relation to any contract or its subject matter;

(b) Our total liability to the you in respect of all other losses arising under or in connection with this Agreement or its subject matter whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the total annual amount payable by you under the relevant Contract; and

(c) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract

11. TITLE AND RISK

11.1 Title to any materials, supplied by us to you shall not pass to you but shall be retained by us until payment in full for such materials and any related works has been made to us.

11.2 Notwithstanding the foregoing, risk in such materials shall pass on delivery to you, and you will indemnify us against any loss or damage to them which is not our fault.

12. SEVERANCE

If any of these terms and conditions or any other provision of a Contract is held by a Court or tribunal of competent jurisdiction or be invalid or unenforceable it shall not affect the validity and enforceability of the remaining terms.